Chapter 28
William of Ockham be transformed for the sake of any utility into an aristocratic or other regime, and in no way will it be permissible for the faithful to appoint several apostolics.
[6] To the next it is answered that government by a highest pontff can be damaging to Christians only because of the wickedness of the ruling highest pontiff or because of the wickedness of subjects; that regime must therefore not be changed into another, but those because of whom it tends to harm, or because of whom damage happens to Christians, should be corrected.
[7] Through the same [argument] it is answered to the other, that sometimes when something provided for harmony tends to harm because of the wickedness of some, it must net be abolished, but those because of whom it tends to harm must be corrected.
[8] To the next it is said that the effect does not always cease when the cause ceases, as is clear in many cases.
[9] To the next it is answered (as it was answered)!" that it is not true that we must always conform to the greater part or to the plurality; and therefore, even if the greater part of Christians wished to appoint several apostolics at the same time, we would not be obliged to conform to them, because the lesser part would rely on the greater reason: namely, the ordinance of Christ, who appointed one apostolic alone. To the arguments on the other side it is said that it is not permissible to act against an explicit divine commandment for the sake of necessity, except when it can be gathered from the Scriptures that in the divine laws necessity is excepted.
But it cannot be established from the Scriptures that any necessity was excepted in Christ's ordinance about appointing one apostolic, and therefore neither because of necessity nor because of utility should several apostolics be appointed.
[10] To the iast it is answered that David made that division of the priests by divine inspiration; and therefore, if God ordered it, several apostolics could be appointed, but without a divine commandment this could never lawfully be done.
Chapter 28 Student You have related, according to one opinion, that it would be permissible for Christians, when it was beneficial, to appoint
'* By the Student in chapter 20.
A Dialogue, Part wi, Tract 3 several apostalics. Now indicate whether, according to the same opinion," it is permissible in any case to appoint several patriarchs or primates having no superior, none of whom should be regarded as an apostolic.
Master According to one mode of asserting the above opinion, it would be permissible to appoint several] such patriarchs or primates if it were beneficial to the community of the faithful. It asserts this because of several circumstances which were brought forward above in chapter 20 of this second book to prove that it would be permissible to have several apostolics at the same time. According to the other mode of assertion this would in no way be permissible.'!"
Student Explain according to the first mode of assertion other possible cases in which it would be permissible to have several such patriarchs or primates.
Master It is said that one case would be if the pope and cardinals became heretics and the Romans supported them or would not elect a Catholic as highest pontiff. Then it would be permissible for any province, and for as many provinces and regions as agreed in wishing it, to elect for themselves one primate to preside over everyone else in spiritual cases; and therefore, if some provinces agreed on one and others on another, several such primates not having a superior, none of whom would be an apostolic, could be over Christians until the whole body of the faithful was cared for by an apostolic.
Another case would be if, because of the heresy of the pope or discord among the electors, the Apostolic See were vacant for a long time, so that the common affairs of the Church could not be dispatched by it (as it sometimes has been vacant for six years}.
Then it would be permissible for the provinces that wished to do sO to appoint themselves a primate in the above way to dispatch the common affairs of those provinces.
Another case would be if all Catholics except a few were oppressed in such a way by internal war or by unbelievers or schismatics, or in some other way, that they could not have recourse to a true apostolic, yet different provinces could meet to set up
That is, the opinion presented in chapter 20.
+ For the pro modes see above, chapter g. The second mode postulates thar the many rulers rule together aver the same subjects at che same time, which excludes the hypothesis considered in the present chapter.
Wilham of Ockham one head for themselves. Then it would be permissible for any province, and for as many provinces as were able and willing, to appoint for themselves one primate who would have power over them all. Thus some provinces in one part of the world could appoint for themselves one primate and others in another part of the world another, and therefore several such patriarchs or primates could licidly come into being.
Student Bring forward some arguments to show that in those cases, or others, several such primates or patriarchs could be appointed.
Master This seems provable. For as we read in dist.
©, c. fas civile, each city and people can, for a divine and human reason, establish its own law. The gloss there on the word "city" says,
"Thus any church enacts law for itself, as below, dist. 11, Catholicam, and De consecratione, dist. 3, Pronunciandum." And on the word "human" it says, "Thae is, in contemplation of God and men" (that is, because of reverence for God and the advantage of men). From these [words] we gather that each church and each
Christian people can by its own authority enact its own law for its advantage; therefore, by analogy, or @ fortiori, it can appoint itself a head and prelate because of reverence for God and the advantage of men, because the existence of jaw in a city is of little importance unless there are some who can delimit and secure rights, ff, De origine iuris, 1. 11.\"'
Further, anyone permitted to resign his right is permitted to accept a superior over himself. But patriarchs, and primates are permitted to resign their right for the common advantage; therefore much more are they permitted to accept a superior over themselves for the common advantage. But if it is permitted to bishops, patriarchs and primates, much more is this permitted to inferiors; and consequently they can if they wish appoint over themselves one head whom all would be under.
Student This opinion seems to conflict with the sacred canons, which enact and assert that a new office cannot be established without permission of the pope: Extra, De constitutionibus, Cum gecessisset; dist. 22, c. 1; Extra, De consuetudine, Cum aolim.
Master It is answered that when it is possible to have recourse to the pope no new office should be established without the pope's
A Dialogue, Part ui, Tract 1 permission, and the sacred canons speak in reference to this case.
But when it is not possible to have recourse to a Catholic pope, then, for the common advantage, it is permissible in some way to establish a new office, to fast at least until it is possible to have recourse to a pope. For just as "difficulty" admits or "permits something that otherwise would be prohibited" {as the gloss notes,
Extra, De ecclesiis aedificandis, on the chapter Ad audientiam), so also impossibility admits or permits something that would otherwise be prohibited; therefore, it is permissible, because of an impossibility of having recourse to the pope, to appoint such patriarchs or primates, even though this is prohibited by the sacred canons.
These must be understood to speak with reference to a time when it is possible to have recourse to the pope. Just as canons that prohibit certain excommunicates to be absolved by anyone but the pope must de understood [to apply] when the excommunicate can have recourse to the pope, not when he is prevented from having recourse to the highest pontiff, Extra, De sententia excommuntcationis,
Quameis (and the same is found in many other sacred canons), so also, when it is impossible or inexpedient to have recourse to the pope, a new primate can be appointed without the pope's permission, if it is beneficial and necessary to some nation or region or regions or provinces; and he will have authority and power, at least until the pope lawfully and usefully decides otherwise.
Chapter 29 Student You have reported answers to several arguments brought forward above in chapter 2 of this book to prove that it is not beneficial for the community of the faithful to be under one head under Christ.!'? On the eccasion of these answers we have treated of some other annexed matters, concerning which you have reported certain opinions and certain modes of assertion, which | do not want dealt with further at present. Leaving those to ancther nme, therefore, relate how answer is made to the second argument brought forward in chapter 2 of this second book — but briefly, because I intend to discuss its basis with you more thoroughly at another time.'
42 See above, chapters 75 and 19, "7 See above, p. 128, and below, p. 240.